Cape Argus

SA slammed for registrati­on law

Children born to foreign parents ‘being discrimina­ted against’

- Bronwyn Davids

THE UN Committee of the Rights of the Child has castigated South Africa for not changing its Birth and Death Registrati­on Act which discrimina­tes against children born in this country to foreign parents.

It said the law is “problemati­c” because it had a “punitive or discrimina­tory impact on certain groups of children”.

This after the Human Rights Commission said it would review the current legislatio­n and its impact on children born in SA of foreign parents.

The committee wants the government to review and amend all legislatio­n and regulation­s “relevant to birth registrati­on and nationalit­y and remove discrimina­tory requiremen­ts.”

As a signatory to the UN Convention on the Rights of the Child, SA is bound to it by internatio­nal law. SA is also a member of the African Charter on the Rights and Welfare of the Child.

Lawyers for Human Rights has also weighed in on the matter, saying it has been inundated with cases of children who do not have unabridged birth certificat­es.

“Birth registrati­on is the most important document, an element in ensuring that people do not become stateless. Some categories of children are entirely and expressly excluded from birth registrati­on through the Births and Deaths Registrati­on Act (BDRA),” said Liesl Muller from Lawyers for Human Rights (LHR).

Muller, who heads the LHR’s Statelessn­ess Unit, Refugee and Migrant Rights Programme, said just last week she interviewe­d “about 70 undocument­ed children who were not going to school in Aliwal North. The list goes on!”

The Act is “problemati­c”, Muller said, as it “confirms that the notice of birth is the registrati­on of the birth.

If a child has at least one South African parent, married or not, mother or father, the child is South African and will receive a birth certificat­e with an ID number which is printed, computeris­ed.

“But if both parents are foreign, the child is probably foreign and will be issued with a handwritte­n birth certificat­e without an ID number,” she said.

Dr Jaap van der Straaten, chief executive at Civil Registrati­on Centre for Developmen­t-CRC4D in The Hague, Netherland­s, said the Department of Home Affairs appeared to misunderst­and the basics of the right of the child and what birth registrati­on and birth certificat­ion mean.

Van der Straaten said three of his children had been born in southeast Asian countries and these countries had registered their births and issued birth certificat­es and “thanks to that” they have Dutch nationalit­y.

The department­s of Home Affairs and Justice and Constituti­onal Developmen­t were contacted for comment but they had not responded by the time of going to print.

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